In July 2013, five Florida attorneys filed different lawsuits in state and federal courts to attempt to overturn a new law designed to help protect doctors who are facing down medical malpractice lawsuits against them.
These lawyers believe that these new laws have an effect on the way in which patients privacy is upheld by the state constitution. They also believe it violated patient rights. As in, how patients privacy is protected by federal law as well. The federal suits were filed in Miami, West Palm Beach and Tallahassee. In Pensacola and Fort Lauderdale, state suits were filed.
Other new state laws being proposed back in May deal with expert witnesses. The proposed new changes to the law deals with physicians with the same specialty (as the case) to act as experts. Florida Governor Rick Scott believes that the new laws will make the courts more business friendly. Unfortunately, those doctors who make a living as expert witnesses for Malpractice lawyers, will clearly be finding it harder to get more work from attorneys.
With recent changes in state laws helping protect doctors, and limit them testifying as witnesses in court – the question remains how far will the state of Florida go on tort reform? It appears, for now the state has the ability to pass new laws limiting expert testimony, and violate patient rights. Time will tell, but it seems that the state of Florida is somewhat trying to find some middle ground on patients rights and physicians rights.
In my opinion, the state has now limited the ability for attorneys to find qualified expert witnesses. Hence, limiting their ability to seek the compensation for their clients. Let us know what you think. Feel free to comment below.
Mr. Perkins concentrates his practice in the fields of personal injury and insurance law. In his daily practice, he handles claims involving automobile accidents, slip and fall accidents and wrongful death claims. His insurance practice involves homeowners insurance claims, business insurance claims and automobile damage claims that arise when an insurance company handles the claim improperly.